These Conditions of Sale are MFW Auctions and the Consignor’s entire agreement with the Buyer with respect to the property offered. In the event any one or more of the provisions of these Conditions of Sale is determined to be invalid or unenforceable in any respect, the validity and enforceability of all remaining provisions shall not in any way be affected or impaired. By bidding in the online auction, you agree to be bound by all terms and conditions of the Agreement. New York State law requires that Buyers of alcoholic beverages must be at least 21 years of age.

Amendments: MFW Auctions may amend this Agreement from time to time and at any time before, during and after any auction through posted notices, addenda or errata. MFW AUCTIONS has the sole and absolute discretion to: (i) withdraw any Lot, (ii) divide any Lot; (iii) combine any two or more Lots; (iv) refuse any bid, (v) advance the bidding, including changing the increments, in such a manner as they may see fit and, in the event of error or dispute, (vi) to determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the disputed Lot. Wherever MFW AUCTIONS and/or the MFW Auctions exercises its discretion, its decision is final, binding and conclusive in all respects.

Agent for the Consignor: Except as otherwise stated in the catalogue, MFW Auctions acts as Agent for the Consignor, the owner of the property. The Agreement for the sale of all property in this catalogue (“Property”) is therefore between the Consignor and the highest bidder accepted by the MFW Auctions (the “Buyer”). The property will be offered by MFW AUCTIONS as agent for the Consignor, unless the catalog indicates otherwise. By participating in an auction, you agree to be bound by these terms and conditions.

Neither MFW AUCTIONS nor the Consignor shall be liable, in whole or in part, for any special, incidental or consequential damages, including, without limitation, loss of profits. Buyer’s damages are limited exclusively to the original purchase price paid for the lot.

Privacy: MFW AUCTIONS will use information provided by its clients or which MFW AUCTIONS otherwise obtains relating to its clients for the provision of auction and other wine-related services, administration, marketing and otherwise to manage and operate its business, or as required by law. MFW AUCTIONS will not transfer, sell or otherwise disseminate any personal information of any auction participant, Buyer or Consignor, unless compelled to do so by a legal entity.

No Joint Venture: No provision of this Agreement shall be construed to create any agency, partnership, or other joint enterprise between MFW AUCTIONS and any Buyer.

Standard Catalogue Policies: While MFW AUCTIONS has provided photos of and attempted to describe each Lot in this catalogue accurately, in no event shall MFW AUCTIONS be liable for any description or error or omission in such description. MFW AUCTIONS retains the absolute right to amend at any time prior to and during the auction and in any manner any description of any Lot. Classifications in the text are for identification purposes only and are based on standard sources. Each statement contained in this catalogue and each other statement, whether oral or written, and whether made in an advertisement, bill of sale, addendum, notice, announcement or other written or oral communication, is a statement of opinion ONLY and shall not be relied upon by any bidder. You must make appropriate allowances for natural variations of ullages, conditions of cases, labels, corks and wine. In no event shall MFW AUCTIONS accept a return, accord a credit or adjust a price to any Property after delivery except under the terms stated in Section 5 (d) below. Images appearing in this catalogue or elsewhere are for illustrative purposes only and may not be relied upon to reveal imperfections in any Lot.

Different Importers: Although MFW AUCTIONS makes an effort to serve notice in the catalogue if a Lot includes wines from different importers, failure to provide such notice is in no event a ground for rescission of the sale of any Lot. Similarly, any omission to note in the catalogue or failure to note correctly in the catalogue bottles and/or sequence numbers of Property from those producers that number their bottles of wine comprising the Property is in no event a ground for rescission of the sale of any Lot.

No Liability: In no event shall MFW Auctions be liable for any errors in entering any bids or for failure to enter any bids.

Rescisson/Returns: Any claim for return or rescission must be in writing are received by MFW Auctions within 7 days of the Buyer receiving the Lot. MFW Auctions shall be the sole arbiter, by way of inspection or by such other reasonable means as it sees fit, of the validity of such claim between the Buyer and Consignor and shall make a final decision binding on the Buyer and Consignor based on its determination of such claim’s validity. In order to serve such notice on MFW AUCTIONS, all Property in issue must (i) have the MFW AUCTIONS custom sticker on its bottle, (ii) be in the same condition in which it was delivered to Buyer, (iii) have the MFW AUCTIONS capsule tape intact and (iv) be shipped both ways under ideal conditions. Having decided any such claim, MFW AUCTIONS may, in good faith, direct that the sale either stand or be rescinded and that the Final Purchase Price be refunded either in whole or in part. By bidding at auction you agree that (i) in no event shall you bring an action against MFW AUCTIONS in connection with any such claim and (ii) in the event you fail to make timely and proper notice to MFW AUCTIONS under this Provision, that you have forfeited your right to rescission. The remedy of rescission, if MFW AUCTIONS elects to rescind under the circumstances, is available solely to the Buyer of the Lot, who must have remained the sole owner of the Lot with no transfer of any interest therein to any third party.

Indemnification: Buyer agrees to indemnify and hold MFW AUCTIONS harmless from any and all demands, claims, suits, judgments, or other liability (including reasonable attorneys fees and expenses incurred by MFW AUCTIONS in connection therewith) awarded to any person or entity arising by reason of Buyer’s breach of his or her agreement to pay any such taxes due. This indemnification shall survive the termination of this Agreement.

II. Procedures for Bidding & Payment

By bidding at auction, you represent and warrant that (i) you are at least twenty-one years of age, (ii) you have the legal authority, right, and capacity to buy, receive, possess and otherwise deal in any Lot purchased, and (iii) any bids made by you or on your behalf are not pursuant to any anti-competitive agreement and are otherwise in compliance with federal and state antitrust law.

Examination of Wines/Inspection: Prior to auction prospective Buyers are expressly advised to physically inspect any Property on which they are interested in bidding and to rely on such physical inspection as opposed to catalogue or other descriptions. While MFW AUCTIONS has attempted to describe all Property with accuracy, in no event whatsoever shall MFW Auctions or Consignor be liable for any oral or written description of the Property, or for any errors in such description or for any omissions in such description. ALL PROPERTY IS SOLD “AS IS.”

Prospective Buyers are invited by appointment only to examine any lots prior to the auction at our temperature-controlled warehouse located at 1610 Richmond Terrace, Staten Island NY 10310. Please contact MFW AUCTIONS at 866.511.1811 to set up an appointment.

Bidder Registration: To be eligible to participate, Bidders must register. Prospective Buyers must supply a credit card to register for the auction.

Bid Increments: Are determined on an item-by-item basis, depending on the estimated value of the Lot.

Auction Reserve Policies: All lots are offered subject to a reserve, which is the minimum price the Consignor is willing to accept. This amount is confidential and will not exceed the low pre-sale estimate.

Standard Estimate Policies: Catalog lot entries include a description of every lot and an estimated price range that is our opinion of the price expected at auction. Estimates are a guide for bidders and generally reflect prices recently paid at auction for comparable wines. Each estimate takes into account, among other things, condition, rarity, quality and provenance (history of ownership). Estimates are determined in advance of the sale and are therefore subject to revision. Buyers should not rely upon estimates as a prediction of actual selling prices. Estimates do not include Buyer’s Premium or sales tax. Certain lots may be noted with “Estimate on Request” instead of a printed value in the catalog. Please contact MFW Auctions for further information and bidding assistance.

Buyers Premium: A 16% Buyer’s Premium will be added to the successful bid price of each lot purchased and is payable by the Buyer, together with the applicable sales tax which is applied to the total cost of purchase, as stated in the Conditions of Sale located in this catalog.

Online Bidding: MFW Auctions assumes no responsibility for disputes or errors arising from live online bid activity. In the event of communication delays or failures, the auction will not be stopped. By registering and bidding live on the internet, prospective Buyers agree to be bound by the Conditions of Sale.

Bidding: Bids are accepted live over the internet on the Auction website.

Successful Bid: At a specified time, the online auction will end and the lot will be awarded to the highest bidder, the Buyer. The Buyer assumes full responsibility for the lot. Successful bidders will be notified and invoiced within a few days of the sale. For each lot purchased, successful Buyers will pay the purchase price of the final bid plus a 16% Buyer’s Premium plus any applicable taxes and the Protection Fee. The Buyer’s Premium is 16% of the Hammer Price. The Protection Fee is 1% of the Hammer Price.

Consignors agree not to enter a bid or to cause a bid to be entered on any Lot of which they are the owner.

If bidding on a Lot does not reach the reserve price by the end of the timed auction, the Lot may be removed from sale and deemed “passed,” “withdrawn,” “returned to owner,” or “bought-in.”

Subject to fulfillment of all conditions set forth in this Agreement, the highest bidder accepted by MFW Auctions will be the Buyer and the closing of the timed auction marks the acceptance of the final bid as the “hammer price” and the creation of a contract for sale between the Consignor and the Buyer.

Protection Fee: The Protection Fee is 1% of the Hammer Price for all purchased property. In return for payment of the Protection Fee, purchased wines will be protected solely against breakage, theft or fire as covered by MFW AUCTIONS’s insurance while stored in MFW AUCTIONS’s warehouse following the auction and prior to the removal of such property from MFW AUCTIONS’s warehouse as provided in the provision below.

Title: Title to the offered lot passes to the Buyer who is the highest bidder at the time the online auction closes for bidding, subject to compliance by the Buyer with all other Conditions of Sale. Regardless, all risks in connection with the Lot pass to the Buyer at the close of auction.

Sales Tax/Exemptions: The Buyer shall pay any sales tax where applicable. It is the Buyer’s responsibility to ascertain and pay all taxes due. Purchases picked up or delivered within the state of New York are subject to sales tax. Buyers claiming exemption from sales or use tax must provide MFW AUCTIONS with documentation, which, in MFW AUCTIONS sole discretion and judgment, is satisfactory evidence of such exemption, prior to the release of property to the Buyer. Buyers claiming such exemption who are licensed dealers of alcoholic beverages or who hold the requisite New York State Liquor Authority licenses, must submit the necessary resale certificates and a copy of their valid New York State Liquor Authority licenses. All questions regarding sales tax and exemptions should be directed to MFW AUCTIONS at 866.511.1811. If MFW AUCTIONS is selling lots as agent for an organization which holds a State of New York Exempt Organization Certificate, the lot will be marked with the symbol (✱). Accordingly, no sales tax is due on the purchase price of any such lots if the wine is picked up or delivered in the State of New York.

Retail Licensee as Buyer: In the event the successful bidder is a retail licensee, in a state where such is required, purchases must be processed through an appropriately licensed wholesaler and are subject to a special handling charge of $100.00.

Payment/Terms of Payment: All payments due and owed by the Buyer must be received within 7 days of the close of the auction date unless other arrangements are made in writing prior to the day of auction. Should the Buyer fail to remit payment within 7 days of the date of the close of auction, MFW AUCTIONS shall reserve the right to automatically charge any of the Buyer’s credit or charge cards on file. If payment is not received within 7 days of the date of the auction and any charge against Buyer’s credit or charge card is not accepted, MFW AUCTIONS reserves the right to return the lot to the Consignor.

Payment must be made in US Dollars. Payment can be made by credit card, check, money order, bank wire transfer or cash.

Wire transfer of funds is required for first-time non-US transactions unless express written approval is obtained from MFW AUCTIONS prior to the start of the auction.

All checks returned unpaid will be subject to a $100 processing fee prior to release of goods.

The maximum amount that can be charged on a credit card is $10,000.

Auction purchases will only ship after payment is received by MFW Auctions. If Buyer fails to make payment in accordance with this Conditions of Sale within (7) days following the auction, MFW AUCTIONS may, in its absolute discretion:

(i) Cancel the sale;

(ii) Resell the Property publicly or privately for Buyer’s account and at Buyer’s risk and charge the Buyer for any deficiency between the final bid in the resale and the final bid placed by Buyer, along with all costs and expenses of both the initial sale and the resale at MFW Auction’s regular rates and the buyer’s premium due in connection with the initial sale;

(iii) Set off against any amounts which MFW AUCTIONS may owe the Buyer all sums due from the Buyer;

(iv) Exercise all the rights and remedies of a person holding a first priority, perfected security interest in any Property or property in MFW AUCTIONSs possession owned by the Buyer;

(v) Collect from the Buyer the total amount due plus any loss, cost or expense incurred by MFW AUCTIONS in effecting such collection;

(vi) Charge the Buyer interest at the rate of 18% per annum on all sums due from the Buyer;

(vii) Collect from the Buyer liquidated damages equal to 50% of all sums due from the Buyer;

(viii) Collect from the Buyer the fees and disbursements of legal counsel to MFW AUCTIONS incurred in exercising any one or more of the rights or remedies set forth in this Agreement;

(ix) Reject at future auctions bids made by or on behalf of the Buyer;

(x) Exercise any right or remedy against the Buyer available to the Consignor; and

(xi) Assert any other rights or remedies available at law or in equity.

MFW AUCTIONS may, in its discretion, exercise any one or more of the preceding remedies and any combination thereof.

III. Collection, Delivery & Storage

Weather permitting, buyers are expected to remove their property within 14 calendar days of the auction. Purchases will not automatically be shipped. In addition to carrier & packaging materials charges, a packing fee of $7 per lot will be assessed. Wines will not be released until payment has been received and funds have been cleared. If paying by personal check, please allow five business days prior to release of goods.

Prepaid Shipping: All shipping must be prepaid. Shipment will be at the Buyer's expense. Shipping arrangements for your purchase can be made once payment has been received and funds have been deposited into our account. Please allow five business days’ notice when arranging shipment within the continental United States, and ten business days for states and territories outside the continental United States, as well as for international shipments, which may require customs documentation or special routing attention.

Common Carrier: Based upon quantity and destination. In all instances, we try to achieve the safest, most efficient and cost-effective method of shipment on behalf of the Buyer. All deliveries will be via UPS or Fedex or temperature controlled freight service. Shipping Charges: NY State shipments via common carrier range from $25-$35 per 12-bottle case for Ground service. Shipping charges outside of New York will vary according to zip code. For bulk Freight transport within the continental United States, please ask for a quote.

Shipping Insurance: Any loss or damage resulting from shipping wines via any carrier will be the sole responsibility and at the risk of the Buyer or such carrier. Shipping insurance (1% of the Purchase price) is optional. Paying this fee protects the Buyer against the loss or breakage of purchases during transit. MFW AUCTIONS will not be held responsible for any deterioration of wines occurring while in transit. Shipping by commercial means, particularly of older wines, can be risky. MFW AUCTIONS and its agents cannot assume responsibility for deterioration from normal conditions resulting from shipping.

OWC Boxes: In the case of an OWC purchase, the original wooden case (The Box) and original cartons, when available, will be shipped when the Buyer requests, at $10 per case.

Adult signature is required for all shipments.

Please Note:

• We are unable to ship via common carrier to Massachusetts.

• We are unable to ship using private common carrier accounts.

Pick-Up: Pick-up is available by appointment only. Please schedule your pick-up by contacting MFW Auctions at least 2 days in advance. Wines can be picked up from the MFW Auctions warehouse between the hours of 9 AM and 5 PM Monday through Friday, provided that payment for the lots has been received. Buyers can arrange to collect the wine by appointment by phoning MFW Auctions at 866.511.1811.

Storage of Wine: Purchases will be stored free of charge for the first 30 days after the auction at which the wine is purchased. After 30 days, clients will automatically be billed for any future storage. After 30 days $100 per month will be charged for up to 10 lots. More than 10 lots will be assessed a $200 monthly charge.